JUDGMENT :

G.K. Ilanthiraiyan, J.

1. This Civil Miscellaneous Appeal is directed as against the fair and decreetal order dated 31.08.2010, passed by the learned I Additional District Judge, Salem, in Ar. OP. NO. 170 of 1997, thereby setting aside the award dated 09.05.1996 passed by the Arbitrators.

2. The appellant is the first respondent in Ar. O.P. No. 170 of 1997 and the first respondent herein is the petitioner, who challenged the award passed by the arbitrators dated 09.05.1996. The Court below allowed the petition and thereby setting aside the award passed by the arbitrators dated 09.05.1996. Aggrieved by the same the present appeal.

3. The learned counsel appearing for the appellant would submit that the respondents 2 to 9 herein were the arbitrators and they passed an award dated 09.05.1996, determining and allocating the immovable properties between the appellant and the first respondent herein. Both are brothers and the subject properties were purchased from their own joint income and earning in the year 1975 jointly. They were carpenters by profession and earned money from their profession and they also had constructed building out of their joint income from their professio